Istanbul Divorce is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish family lawyers are prepared to handle Turkish foreign divorce decree recognition cases, from a simple no-contest divorce proceeding to a complicated divorce with significant property and children. Our divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony, compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
Istanbul Divorce is an award winning and successful Turkish family law firm that specialize in Family Law. Our Turkish divorce lawyers have an outstanding success record with over 90% of cases successful in Court in 1992 to date. We know our law, our lawyers care about your case and we will stop at nothing to make sure you are safely taken to the next chapter of your life with maximized results and minimized damage.
Turkish Foreign Divorce Decree Recognition Law
Divorce sentences passed by foreign courts for Turkish citizens living abroad are subject to filing a recognition and exequatur lawsuit to make them valid and enforceable in Turkey.
Recognition refers to approval of a sentence passed by a foreign court to make it valid in Turkey. Legal outcomes of such sentence will be determined subject to the laws governing the foreign court. If such sentence is found unrecognizable, it will not bear any legal effect. However, such unrecognized sentences can be used as evidence to prove a dispute.
Exequatur refers to approval of a sentence passed by a foreign court to make it enforceable in Turkey. Exequatur can also be issued not to enforce such sentence, but to use such sentence as a final evidence or final order.
General information about recognition and exequatur
- Recognition and exequatur for sentences passed by foreign courts are subject to filing a proper lawsuit to apply for the same, cannot be issued through a pre-hearing review.
- Such lawsuits are subject to the usual civil procedures law.
- Hearings or sessions for such lawsuits can be held during a legal holiday.
- If the petitioner is not a resident of Turkey, he/she must deposit a legal guarantee with the court. The amount of the said legal guarantee will be decided by the judge at his discretion. If Turkey and the other country signed a reciprocality agreement providing exemption for such legal guarantee, the court will not require such legal guarantee.
- Jurisprudence for such lawsuits is the court having jurisprudence over the respondent’s residence (i.e. the borough where the respondent was birth registered). If the respondent is not such resident of Turkey, jurisprudence is the court having jurisdiction over the borough where the respondent is living in Turkey. If the respondent does not live in Turkey, jurisprudence is the courts of Ankara, Istanbul, or Izmir.
- Venue for such lawsuits is the court of family affairs.
Turkish Legal Grounds for Divorce
Legal grounds for dissolution of marriage are divided into two groups: special and general. Sections 161 to 166 of the Turkish Civil Law Code define those legal grounds as follows: the special legal grounds are adultery, deliberate attempt to kill, maltreatment, humiliating behavior, committing a crime, unreasonable behavior, desertion, mental disease; the general legal grounds are incompatibility, coming to a mutual agreement on divorce, and living apart for three years after an application for dissolution of marriage has been denied by the court. Once a Family Court makes its decision, it can be appealed at First Instance Appeal Court (Bolge Istinaf Mahkemesi) after that it can be appealed at Turkish Supreme Court (Yargitay).
Reach us for Turkish Foreign Divorce Decree Recognition
Turkish divorce process can be complicated and drawn out, especially for parents and high-net-worth individuals. Divorcing couples must take many steps to reach for a divorce. If you are seeking legal representation in your divorce, our lawyers will guide you through the process. Since its foundation in 1992, Istanbul Divorce Turkish Family Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized family lawyers, our firm is now one of the leading family law firms in Turkey. You may reach us for Turkish foreign divorce decree recognition law through our Contact page.